82R7002 JAM-D
By: Zedler H.B. No. 1924
A BILL TO BE ENTITLED
AN ACT
relating to the investigation and resolution of complaints filed
against physicians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.053(a), Occupations Code, is amended
to read as follows:
(a) The board shall notify a physician who is the subject of
a complaint filed with the board that a complaint has been filed and
shall notify the physician of the specific allegations made in
[nature of] the complaint unless the notice would jeopardize an
investigation.
SECTION 2. Sections 164.003(c) and (f), Occupations Code,
are amended to read as follows:
(c) An affected physician is entitled to:
(1) reply to the staff's presentation; [and]
(2) present the facts the physician reasonably
believes the physician could prove by competent evidence or
qualified witnesses at a hearing; and
(3) cross-examine any expert relied on in the staff's
presentation.
(f) The notice required by Subsection (b)(2) must be
accompanied by a written statement of the specific [nature of the]
allegations made in the complaint, the specific statute, rule, or
standard of care alleged to be violated, and the information the
board intends to use at the meeting. If the board does not provide
the statement or information at that time, the license holder may
use that failure as grounds for rescheduling the informal meeting.
If the complaint includes an allegation that the license holder has
violated the standard of care, the notice must include a copy of the
report by the expert physician reviewer. The license holder must
provide to the board the license holder's rebuttal at least five
business days before the date of the meeting in order for the
information to be considered at the meeting.
SECTION 3. Section 164.0032, Occupations Code, is amended
by amending Subsections (d), (f), and (g) and adding Subsection
(g-1) to read as follows:
(d) The panel and board employees shall provide an
opportunity for the affected physician and the physician's
authorized representative to:
(1) reply to the board employees' presentation;
(2) cross-examine any expert relied on in the board
employees' presentation; and
(3) [to] present oral and written statements and facts
that the physician and representative reasonably believe could be
proven by competent evidence at a formal hearing.
(f) The panel shall recommend the dismissal of the complaint
or allegations or, if the panel determines that the affected
physician has violated a statute, [or] board rule, or standard of
care, the panel may recommend board action and terms for an informal
settlement of the case.
(g) The panel's recommendations under Subsection (f) must
be made in a written order and presented to the affected physician
and the physician's authorized representative. The order must
state each specific act the panel has determined is a violation and
what statute, board rule, or standard of care the act violates if
the panel determines that the affected physician has violated a
statute, board rule, or standard of care.
(g-1) The physician may accept the proposed settlement
within the time established by the panel at the informal meeting.
If the physician rejects the proposed settlement or does not act
within the required time, the board may proceed with the filing of a
formal complaint with the State Office of Administrative Hearings.
SECTION 4. Section 164.005(f), Occupations Code, is amended
to read as follows:
(f) A formal complaint must allege with reasonable
certainty each specific act relied on by the board to constitute a
violation of a specific statute, [or] rule, or standard of care.
The formal complaint must be specific enough to:
(1) enable a person of common understanding to know
what is meant by the formal complaint; and
(2) give the person who is the subject of the formal
complaint notice of each particular act alleged to be a violation of
a specific statute, [or] rule, or standard of care.
SECTION 5. Sections 154.053 and 164.005, Occupations Code,
as amended by this Act, apply only to a complaint filed on or after
the effective date of this Act. A complaint filed before that date
is governed by the law in effect on the date the complaint was
filed, and the former law is continued in effect for that purpose.
SECTION 6. Sections 164.003 and 164.0032, Occupations Code,
as amended by this Act, apply only to an informal proceeding
concerning a complaint filed on or after the effective date of this
Act. An informal proceeding concerning a complaint filed before
that date is governed by the law in effect on the date the complaint
was filed, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2011.